Jurisprudence ,Missouri Jurisprudence Psychology
KY Psychology Jurisprudence, Mass Psychology
Jurisprudence Exam Study Guide Exam Questions
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Definition of jurisprudence: - ✔✔ANSWER✔✔-* This is
described as the philosophy or theory of law. It derives
from the Latin word, juries prudentia (which means to
study
*Aquinas in 1809: "the principal and most perfect branch
of ethics"
*It has been used as a mechanism to set limits to law and
also to provide justification for its means by being aware of
its ends
Normative jurisprudence: - ✔✔ANSWER✔✔-*This has
already established what jurisprudence is, it aims to
understand the moral basis for law
*What the law ought to be
*It seeks to provide a theory which determines which is
morally right
*What rights to we have?
*What rights are we ought to have?
*Cierco: "law is right reason in accordance with nature"
,*Aquinas: "law is an order of reason serving the common
good"
Analytical jurisprudence: - ✔✔ANSWER✔✔-* This is the
study of law at its most abstract level
*This seeks to ask questions of what actually is the law?
and what the relationship of law and morality is?
*Looks at areas of legislating and judging
*Those who are analytical jurisprudists are typically legal
positivists
*Kelsen: "Law is a unified hierarchy of norms"
*Hart: "law is the union of primary and secondary norms"
Sociological approaches: - ✔✔ANSWER✔✔-*This is how
law differs from or is related to other areas such as
economics or as a society as a whole
*Max Weber: "an order will be called law if it is externally
guaranteed by the probability that coercion, to bring about
conformity or avenge violation, will be applied by a staff of
people holding themselves specially ready for that
purpose"
Can there is a single conception of law?: -
✔✔ANSWER✔✔-*it can be described as a meta-theory
*Like an apple: they have an essence defined by genus
and differential
*Like a triangle: these exist, but never exist perfectly in
reality, they are an archetype an ideal
,Natural Law: - ✔✔ANSWER✔✔-*This deals with what are
valid legal rules or sources of law and is based on the idea
that the sources of law include a moral test of validity
*Theorists like Aquinas and John Finnis have appealed to
a higher authority if law because it is determined by
reason and is capable of producing just and fair laws
which have moral authority
Legal positivism: - ✔✔ANSWER✔✔-*Classical, there is no
connection between law and morality
*only law enacted by government or the state have legal
authority
*Modern, like Raz, there can be some link between
morality and law but it is unnecessary to use moral
arguments to discover the law
Legal realism: - ✔✔ANSWER✔✔-*Only the real word legal
practices of judiciary influence and the development of
law, as judges determine the content of legal rights and
duties according to public policy and prevailing interests of
the wider society rather than compliance with abstract
moral rules
Help with answering such questions: - ✔✔ANSWER✔✔-
(1) Explain what is law, not just a simple matter of judicial
precedent
(2) Address the idea of law in context, influenced and
interpreted culturally, socially, theologically, politically and
historically significant
, (3) Explain how these belong to certain distinctive schools
of jurisprudence
(4) Mention examples or issues form the past or modern
issues which illustrate the continuing need for
jurisprudence, like the permitting of torture or legalising
euthanasia
Thomas Aquinas (1225-1274): - ✔✔ANSWER✔✔-*His key
work was Summa Theologica
*Core message of his work is that moral standards/moral
law derives from the nature of the world and human
beings within it, natural law is "the ordinance of reason"
*Human beings have the capacity of reason which enables
them to deduce right actions towards the "common good"
*Laws must be reasonable, they must be directed towards
the common good and not serve the private interest of a
few individuals, this means that a government which
enacts unjust laws lacks moral authority and surrenders
any right to obedience
Thomas Aquinas 2: - ✔✔ANSWER✔✔-*Aquinas pre-
conditions for the enactment of a law: (1) made for the
common good (2) made by the whole people or by God's
vice regent for the whole people who is the monarch ruling
for the divine right (3) promulgated
Thomas Aquinas (1225-1274) 2: - ✔✔ANSWER✔✔-*Lex
Aeterna (eternal law): this is timeless laws which apply to
the whole community or the universe, they are governed
by God. Eternal law is not knowable as we cannot know
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